Property law questions from Ruth Baker

Thursday, 16 March 2017

Q: I am my mother's poa. She has dementia and possesses two houses whom I believe I have to transfer the title to my name. how?

She has a will that leaves me with everything but do I must transfer me the titles before she dies? Lawyer Solution Michael David Birchmore A: Tend not to make use of a quitclaim deed to achieve this. Take the current deed to an attorney and ask them to draw up a guarantee dee with rights of survivorship. Do not fool around with this. It will cost you a lot of cash to get it straightened out, in the event that you botch it by carrying it out yourself. It is possible to generally get a title done for between $75 and $150.

Q: We reconstructed a barbed wire fence and moved it a few feet because the neighbor didn't want to lose the trees.

Many years ago we needed to rebuild a barbed wire fence on a 129.5 acre property in Texas. We agreed to split the price with the neighbor. The neighbor desired to save the trees and offered to move the fence a few feet, although we were willing to knock down the post oak trees that had grown up in the fence line. Now we are attempting to sell the land. Likely it's going to need to be studied. Do get the legal description of the acreage restated and we must compensate the neighbor for the value of his property? How should this be divulged to potential buyers? The property is located in Coleman County, TX,. Attorney Solution Ben F Meek III A: You may sell the land together with the fence over onto the neighbor's land and divulge that fact prominently in your sale doctors. But that raises the problem of having his fence on his new neighbor's land and subject to his neighbor's good will, for the buyer about letting it remain there. (Still, in the event the purchaser is prepared to take the house under that condition, you may sell it that way). You are on target along with your idea of buying that strip out of your neighbor, in the event the cost is right. Then have the new border is established by the surveyor and upgrade the metes and bounds in your description that is legal. Should you can not get the strip at a fair price, you may have to move your fence back onto your acreage. Use an experienced real-estate attorney (and a great surveyor). All the best to you personally.

Q: This Friday, I own a house in Albrightsville PA, I 've a closing.

I own a house in Albrightsville PA, I 've a closing this Friday 3/10/17. I'm married and also the house is under my name I'm selling the dwelling. The buyers title firm needs my wife to sign a release form that must be notarized saying she doesn't have an interest in the home. The title company is telling me that this really is a State law. Do I need to get my wife? Attorney Answer Brian Lehman A: Ask them for the legislative act that requires this. They could do it to be super careful. I don't see a problem with her saying she does not, if your wife does not have an interest.

Q: Simply expired do I have to go threw probate if I'm the only child and my last living parent?

Attorney Solution Vincent J. Bernabei

A: Your parent's estate might be subject to probate in case your parent possessed assets in his/her own name during the time of their departure, and there's no joint owner nor any named beneficiary on your parent's account. Examples add a property in your parent's name or a bank account in your parent's name without any payable on death beneficiary. With respect to the value of your parent's assets, there are a few choices to probate. For example, you might be able enough to transfer ownership of the assets by way of a tiny estate affidavit as opposed to a formal probate proceeding. That's a much quicker and cheaper procedure than probating the estate.